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HomeMy WebLinkAbout1981-08-17MINUTES OF LEXINGTON PLANNING BOARD August 17, 1981 The meeting of the Lexington Planning Board, held in Room G-15, was called to order at 7:38, by the Vice -Chairman, Mr. Sorensen,with members Nichols, Smith, Wheaton, Planning Director Bowyer and Assistant Planner Asen present. The Chairman, Mr. Sandy, was absent. 159. Approval of Minutes Action on the minutes of the meetings of June 29 and August 3 was deferred. On the motion of Mrs. Smith, seconded by Mrs. Nichols, the minutes of the Executive Session meeting of August 3, 1981, were approved as written by a vote of 3-0. Mrs. Wheaton abstained because she did not attend that Execu- tive Session. SUBDIVISION OF LAND 160. Trinity Covenant Estates, near Allen Street: Signing of Certificate of Action: Mrs. Nichols and Mr. Sorensen signed the Certificate of Action which was approved at the meeting of August 3, 1981. Mr. Sandy had signed the Cer- tificate before leaving on vacation. Mrs. Wheaton did not sign because she had not attended the meetings at which the Certificate of Action was approved and Mrs. Smith abstained from any action on this subdivision because she is an abutter. 161. Trodden Path, Concord Avenue: Reduction of Surety: ' The Board reviewed a memorandum from Michael J. Hanlon, Town Engineer, dated August 14, 1981, estimating that $63,500 is the surety necessary to guarantee completion of the Trodden Path Subdivision. Mr. Bowyer reported that he had discussed with Mr. Hanlon the need to retain additional funds to insure com- pletion of the playfield in the open space part of the subdivision. Both Mr. Hanlon and he recommended $10,000 be retained for that purpose and that the surety be reduced by $67,500. Upon a motion by Mrs. Wheaton, seconded by Mrs. Nichols, it was voted unanimously to approve the request of Joel H. Greenstein, of JIG Home Builders, that the surety for the Trodden Path Sub- division be reduced from $141,000 to $73,500 as recommended by the Town Engineer and the Planning Director. CERTIFICATE OF ZONING COMPLIANCE 162. Lot on Farmcrest Road and Stedman Road, CZC 81/4: The Board reviewed a memor- andum from Peter DiMa.tteo, Building Commissioner, relative to a lot at the end of Farmcrest Street adjoining the right-of-way known as Stedman Road. Mrs. Wheaton said that the request was improper because the section of the Zoning By -Law dealing with Certificate of Zoning Compliance had been repealed by the Town Meeting and more than two months had passed, which was beyond the reasonable time for 'cleaning up' remaining cases. Mr. Sorensen said the Certificate of Zoning Compliance is unnecessary. Mrs. Nichols moved, seconded by Mrs. Smith, that the Planning Board concur that Lots 54 and 55, as shown on the 1919 Farm - burst Plan, is one lot and is suitable as a building lot with its frontage on Farmcrest Road, a public way. By a vote of 2-2, with Mr. Sorensen and Mrs. Wheaton opposed, the motion was not adopted. 8/17/81 Page 2 DETERMINATION OF PLANNING BOARD APPROVAL 163. Land at the Corner of Massachusetts Avenue and Depot Square, Form A-81/11: The Board reviewed a plan showing 14,914 square feet of land at the corner of Massachusetts Avenue and Depot Square. On a motion by Mrs. Wheaton; seconded by Mrs., Smith, it was voted unanimously: (1) The plan entitled "Compiled Plan of Land in Lexington, Mass.," dated July 17, 1981, prepared by Miller & Nylander Company, surveyors of Lexington, Mass., certified by Donald Forand, registered land surveyor, with application form A81/11, by Joseph A. Trani,.trustee, 1775 Realty Trust, does not require approval under the Subdivision Control Law; and (2) That a notation be placed on the plan that "the Board understands that this plan represents a confirmation of existing lot lines and does not involve the subdivision of land." 164. APPLICATIONS TO BOARD OF APPEALS The Planning Board reviewed a staff analysis, dated August 7, 1981, on applications to be heard by the Board of Appeals on August 27 and September 10, 1981. On a motion by Mrs. Wheaton, seconded by Mrs. Smith, it was voted unani- mously to make no recommendation on the application re: ' 60 Bedford Street, Harvard Trust: Teller Machine: 60 Bedford Street, Harvard Trust: SP, Sign --- The Board noted the proposed sign would violate a condition of a special permit granted two months earlier to the Medi -Mart to erect a large sign that the Medi -Mart sign be the only sign on the front face of the building. The Board thought that the Harvard Trust request has to be considered in conjunction with the recent decision on the Medi -Mart sign. Mr. Bowyer observed that it would be unlikely that the relationship with the Medi -Mart sign would be resolved before the Board of Appeals would be required to make a decision on the Harvard Trust application. The current application would have to be denied and Harvard Trust would have to re -apply. On the motion of Mrs. Smith, seconded by Mrs. Nichols, it was voted unanimously (1) to oppose granting a special permit for a sign for the Harvard Trust Company until the size of the Medi -Mart sign is reduced, and (2) to express the Planning Board's willingness to consent to a new application so that the applicant is not penalized by the two-year repetitive petition provision of The Zoning Act. 424 Bedford Street, Boston Properties: SP, Sign: The Board discussed an application to erect a larger sign in place of three temporary signs which had been erected without a building permit. Mrs. Smith noted the Zoning By -Law does not appear to permit the name of a leasing agent to be on a sign. On the motion of Mrs. Smith, seconded by Mrs. Nichols, The Board voted 3-0 to oppose granting the special permit and to approve the draft recommendation, as amended. Mrs. Wheaton abstained because she anticipated the Board of Appeals would ignore the Planning Board's recommendation and that it was not worth the time to prepare one. 8/17/81 Page 3 2 and 3 Forbes Road, Honeywell, Inc.: Temporary SP, Trailers: Mr. Sorensen reported that the trailers appear to be used to provide additional floor space and he questioned whether the trailers are really needed only during renovation to the buildings. On the motion of Mrs. Smith, seconded by Mrs. Nichols, the Board voted 3-0 to state no objection to granting the special permit if three conditions speci- fied in the draft recommendation are followed and to add two additional conditions: (1) that the applicant be required to identify the number of employees on the site both in permanent buildings and in the trailers, and (2) that the special permit be granted for one year only with the understanding that there will be no additional temporary permits granted. Mrs. Wheaton abstained for the same reason stated on 424 Bedford Street. Countryside, off Woburn Street, Lexington Housing Authority: Variances: On a motion of Mrs. Smith, seconded by Mrs. Nichols, the Board voted 3-1, with Mrs. Wheaton opposed, to indicate its support for the construc- tion of the elderly housing and for granting the variances for lot front- age and the number of parking spaces but to oppose the other variances requested. Mrs. Wheaton commented that the Housing Authority had given assurances to the Planning Board that it would construct a public street to serve the project. Countryside, off Woburn Street, Lexington Housing Authority: SPS: On .the motion of Mrs. Nichols, seconded by Mrs. Smith, the Board voted 3-1, with Mrs. Wheaton opposed, to recommend in favor of construction of housing for the elderly, that the location of buildings be altered to conform to the Zoning By -Law, and that the site planning deficiencies cited by the Town Engineer be corrected before the SPS is granted. Mrs. Wheaton opposed the SPS for the same reason she stated in the variances. 55 Hayden Avenue, W. R. Grace Company: SPS: Mr. Bowyer reported that after consultation with Town Counsel, Mr. DiMatteo, the Building Commis- sioner, has determined that the proposed addition to the building at 55 Hayden Avenue will be required to go through an SPS. The Conservation Commission will not act on the matter until September 15. Mr. Bowyer suggested that the Board transmit a recommendation to the Board of Appeals based on the information currently available and submit a supplementary report after the Conservation Commission had acted. 165. REVIEW OF COMPREHENSIVE DRAINAGE REPORT, PHASE III Mrs. Nichols commented that, although her review was not complete, she was encouraged by the thoroughness of the report and would recommend that the Town Engineer proceed with the next phase of the work. It was agreed to defer further discussion until the next meeting. 166. WORK PROGRAM FOR 1981/2 Mrs. Smith suggested that discussion of this item be deferred until the next meeting when the Chairman, Mr. Sandy, will be present. Mrs. Wheaton commented on the reference in the Planning Director's memo on the work program to the Board's policy on 20% of the units being dedicated to the Housing Authority in higher density development. She thought that needed prompt attention. 8/17/81 Page 4 167. REPORTS BY MEMBERS 167a. Board of Appeals Hearings of August 13: Mr. Sorensen reported on a case in which a variance was granted after an addition had been started without a building permit. He observed that it appears more advantageous to property owners to start a project without a building permit and then obtain Board of Appeals approval of it because no one seems to have the courage to order a building stopped or demolished. He urged that the Board develop a policy on variances for dimensional controls. 167b. Meeting with Building Commissioner: It was agreed to invite Mr. DiMatteo to attend the next meeting of the Planning Board to discuss the enforce- ment of the Planning Board's policy on limitations on the use of park- ing spaces. The meeting was adjourned at 9:45 p.m. Karsten Sorensen, Clerk 1